R. 4:25-8. — Motions in Limine

a. Definition; Procedures; Timeframes.

1. Definition. In general terms and subject to particular circumstances of a given claim or defense, a motion in limine is defined as an application returnable at trial for a ruling regarding the conduct of the trial, including admissibility of evidence, which motion, if granted, would not have a dispositive impact on a litigant’s case. A dispositive motion falling outside the purview of this rule would include, but not be limited to, an application to bar an expert’s testimony in a matter in which such testimony is required as a matter of law to sustain a party’s burden of proof. A motion in limine shall be part of the pretrial exchange under R. 4:25-7(b). As a result, the filing of such motions shall not trigger any filing fee.

2. Motion Deadlines. Unless otherwise ordered or permitted by the court, the parties shall submit, serve and respond to all motions in limine for which pretrial rulings are sought pursuant to the timeframes found under R. 4:25-7(b) and paragraph 4 of Appendix XXIII (“Pretrial Information Exchange”). Such motions shall be attached as exhibits to the pretrial exchange.

3. Briefs. To the extent practicable, each motion in limine shall embrace one issue. The respective briefs of the movant and respondent shall comply with the line and type-point requirements of R. 1:6-5, except that the page limitation shall be five pages, exclusive of any tables of contents or authorities. No reply briefs by movant shall be permitted unless requested by the court. If more than one motion is submitted, the collective page limit for all motions by a single party shall not exceed 50 pages, exclusive of any tables of contents or authorities. A party may apply to the court to submit an over-length brief or seek relief from the collective page limit in the same manner described under R. 1:6-5.

4. Rulings. The court shall rule on all motions submitted under this rule in a timely manner based on the issue raised in the particular motion. In the event the motion is not decided before opening statements, the court shall direct the litigants on whether or to what extent they may refer to the disputed evidence or other issue raised in the motion in the opening statements or otherwise, until such time as the motion is decided.

b. Non-compliance. Motions not submitted in accordance with paragraph (a) (2) need not be decided pursuant to paragraph (a)(4), unless good cause is shown for the non-compliance, with an opportunity for any party opposing the late submission to be heard. Good cause may include but not be limited to the circumstance under which a party receives information as part of the pretrial exchange and such information forms a good faith basis regarding the admissibility of evidence.

c. Preservation of rights. The failure to submit a motion in limine under this rule shall not preclude a party from seeking to admit evidence, or objecting to the admission of evidence, during trial.

d. Preservation of rulings. A trial court’s ruling on a motion in limine shall not preclude the court from reconsidering or modifying that ruling, sua sponte or at the request of a party, based on later developments at trial.